June, 2022- Final
Bills Supported by CSLC
SIGNED INTO LAW
Senate Bill 22-086- HOMESTEAD EXEMPTION AND CONSUMER DEBT PROTECTION
Senators Faith Winter and Representative Matt Grey
Current Colorado consumer protection laws are relatively weak; while they are intended to protect income and property needed to meet basic needs – such as housing, cars, tools and other property needed to work, current protections have been outpaced by home and vehicle values, inflation and the rising cost of living. Recently, the National Consumer Law Center (NCLC) rated Colorado a “D” because of how few resources we exempt from extraordinary collections from debt collection, judgments, garnishment and in Bankruptcy. The bill increases the CO Homestead Exemption and adds non-traditional housing; reinstates bank account exemption which was in effect in 2/2020 to 06/01/2021 due to COVID; increases vehicle exemption; increases disability benefit exemption; increases farm equipment/livestock exemption; adds exemption for future economic stimulus payments; adds firearm/hunting equipment exemption [up to $1,000]; adds exemption for health savings accounts; add exemption for funds reserved for taxes & insurance on some reverse mortgages; keeps exemptions on unemployment & child support even if funds commingled.
Fiscal note: No fiscal impact
Senate Bill 22-099- SEALING CRIMINAL RECORDS
Representatives Dennis Hisey and Robert Rodriguez
Automates the process for sealing criminal records for those records that are eligible for sealing by the court under current law, for crimes not subject to the Victims’ Rights Amendment. The bill makes it an unfair employment practice to discharge or to refuse to hire a person based on contents of a sealed record and makes it an unfair housing practice to refuse to show, sell, transfer, rent, or lease housing based on the contents of a sealed criminal record.
Fiscal Note: $896,228 in 2022-23; $8,085,702 in 2023-24; $1,271,562 in 2024-25
Senate Bill 22-140- EXPANSION OF EXPERIENTIAL LERARNING OPPORTUNITIES
Senators James Coleman (D) and Bob Gardner (R) and Representative Barbara McLachlan (D) and Judy Aimable (D)
This bill expands and formalizes work- based learning, including assistance to employers and formalization of expectations for WBL. The bill also identifies that two intermediary organizations will reach out to youth and adults who have been historically excluded from work-based learning opportunities through the future of work office in CDLE. The bill would also address digital inequities, including access to technology, skills training , cybersecurity and affordable internet services. And adding a digital navigation program. The bill also creates an 18 month Global Talent Task Force in the Office of New Americans to study the credential process for certain in-demand occupations, look at international credentials, and take advantage of the global pool of skilled workers. The office would also provide tools for English Language learners to enter work-based learning programs to improve language and skills development for specific occupations.
Fiscal Note: $6.1 million in ARPA funds
House Bill 22-1010– EARLY CHILDHOOD EDUCATOR INCOME TAX CREDIT
Representatives Emily Sirota and Tonya Van Beber and Senators Janice Buckner and Barbara Kirkmeyer
The bill creates a refundable income tax credit for early childhood educators who have an adjusted gross income of less than or equal to $75,000 for a single return or $150,000 for a joint return, has held an early childhood professional credential for at least six months, and is the licensee of an eligible early childcare program or employed by an eligible program for at least six months. An eligible program is an early childhood education program or licensed family childcare home that has held a level two Colorado Shines quality rating and has a fiscal agreement with the Colorado Child Care Assistance Program (CCCAP) or meets the federal standards for a Head Start Program. The credit can be claimed from January 1, 2022, through January 1, 2027. Credit amounts include: ∙ $750 for an Early Childcare Professional I ∙ $1000 for an Early Childcare Professional II; and ∙ $1,500 for an Early Childcare Professional III,IV, V, VI.
Fiscal Note: $185,674 in 2022-23, $110,200 in 2023-24. When implemented, the tax credit will reduce state revenues by approximately $13,7000,000 per year.
House Bill 22-1050– INTERNATIONAL MEDICAL GRADUATE INTERGRATE HEALTH CARE WORKFORCE
Representative Naquetta Ricks and Senator Janet Buckner (D)
Establishes the following two programs in CDLE to assist international medical graduates (IMGs) seeking to integrate into the state’s health-care workforce:
- The IMG assistance program, the purpose of which is to provide direct services to IMGs, including a review of an IMG’s education, training, and experience to recommend appropriate next steps for integrating IMGs into the state’s health-care workforce; technical support through the credential evaluation process; and scholarships to assist in defraying the medical licensure process; and
- The clinical readiness program, the purpose of which is to provide curriculum for and assessments of IMGs to help them build the skills necessary to enter a medical residency program.
With regard to requirements for licensure under the “Colorado Medical Practice Act”, it reduces the length of postgraduate clinical training that an IMG must complete to qualify for a medical license from up to 3 years to one year; and allows an IMG to obtain a reentry license f the IMG has a current or expired international Medical license and meets Colorado medical board-specified qualifications and requirements.
Fiscal Note Amended to gifts, grants and donations. Implemented if G,G, D total $814,000.
House Bill 22-1083 – COLORADO HOMELESS CONTRIBUTION INCOME TAX CREDIT
Representatives Kerry Tipper and Janice Rich and Senator Faith Winter
This bill upgrades and enhances the current enterprise zone contribution tax credit that is used to support organizations that serve people experiencing homelessness. Benefits of this improvement include: • Making the credit available to providers statewide; • Expanding the types of homeless services that are eligible to include street outreach, homelessness prevention, and emergency shelter programs; • Incentivizing donations to providers in rural and distressed areas; • And simplifying the administration of the credit.
Fiscal note: About $200,000 expenditure. Reduces state revenue by about $8 million when fully implemented.
House Bill 22-1244- PUBLIC PROTECTIONS FROM TOXIC AIR CONTAMINANTS
Representative Chris Kennedy and Serena Gonzales-Gutierrez
Colorado has one of the worst systems in the country to identify toxic air toxins. This will create a comprehensive regulatory framework for air toxins by requiring the CDPHE to set health-based standards for each air toxic. Required them to also consider and prevent cumulative impacts of hazardous air pollutants when processing air pollution permits for facilities. CDPHE has strong push back Kennedy, Gonzalez-Guttierez and Gonzales. Every lobbyist/industry is lobbying against this, and they need Coloradans to send in support. There have been many amendments because of the industry opposition.
Fiscal Note: $3.5 million, growing to $5 million general fund
House Bill 22-1259 – MODIFICATIONS TO COLORADO WORKS PROGRAM
Representatives Monica Duran and Iman Jodeh and Senator Dominick Moreno
The bill, as amended increases the monthly grant for families in Colorado Works (TANF) by 10% (e.g., from $508 per month for a family of 3 to $551 per month) and adds a yearly cost of living increase. It directs the State Board of Human Service to design a more gradually phase out of TANF support as one moves from welfare to work to avoid loss of benefits immediately upon getting a job. It standardizes across the state the criteria for exemption to mandatory work participation and up to the 5-year lifetime limit to the degree allowed by federal law. It reduces sanctions for violating program rules like missing meetings. It adds outreach efforts and recipient voice, including exit interviews, to the program.
Fiscal note: As amended: About $28 million in 2024-25. 2022 -2024 uses federal ARPA money. After that, the bill is paid for using 1/3 TANF funds; 1/3 General Fund and 1/3 Unclaimed Property Funds.
House Bill 22-1269 – HEALTH CARE SHARING CONSUMER PROTECTIONS
Representatives Susan Lontine and Senator Chris Hansen
The bill requires any person that is not authorized to engage in the business of insurance in this state but that offers or intends to offer a plan or arrangement to facilitate payment of or to cover health-care costs or services for Colorado residents to annually submit to the commissioner of insurance (commissioner) specified information and a certification that the information is accurate and complies with the requirements of the bill. The submission must include information about the operation of the plan or arrangement in the immediately preceding calendar year, including:
- The number of participants in the plan or arrangement.
- The total amount of fees, dues, or other payments collected from participants and the percentage of fees, dues, or other payments that the person retained.
- The total amount of payments made to providers or to reimburse participants for health-care services provided or received.
- The estimated number of participants the person anticipates in the next calendar year.
- The counties in which the person offers or intends to offer a plan or arrangement and any other states in which the person offers a plan or arrangement.
- A list of third parties associated with, or offering or enrolling participants in a plan or arrangement on behalf of, the person and a detailed accounting of commissions or other remuneration paid to a third party for services provided in promoting or administering the plan or arrangement.
- The person’s reserve balance; and
- Contact information for an individual serving as the person’s contact person in this state, a list of the person’s officers and directors, and the person’s organizational chart.
Within 45 days after receipt, the commissioner is to determine whether a submission by a person is complete. Each year, the commissioner is to compile a report summarizing the information submitted by persons, post the report on the division of insurance website, and submit the report to specified legislative committees. The commissioner is authorized to adopt rules to implement the bill and to issue an emergency cease-and-desist order against a person that fails to comply with the requirements of the bill.
Fiscal Note: $93,084 in 2022-23; $68,000 in 2023-24
House Bill 22-1279 – REPRODUCTIVE HEALTH EQUITY ACT
Representatives Meg Froelich and Daneya Esgar and Senator Julie Gonzales
The bill declares that every individual has a fundamental right to use or refuse contraception; every pregnant individual has a fundamental right to continue the pregnancy and give birth or to have an abortion; and a fertilized egg, embryo, or fetus does not have independent or derivative rights under the laws of the state.
The bill prohibits state and local public entities from:
- Denying, restricting, interfering with, or discriminating against an individual’s fundamental right to use or refuse contraception or to continue a pregnancy and give birth or to have an abortion in the regulation or provision of benefits, services, information, or facilities; and
- Depriving, through prosecution, punishment, or other means, an individual of the individual’s right to act or refrain from acting during the individual’s own pregnancy based on the potential, actual, or perceived impact on the pregnancy, the pregnancy’s outcomes, or on the pregnant individual’s health.
Fiscal Note: None
House Bill 22-1284 – HEALTH INSURANCE SURPRISE BILLING PROTECTIONS
Representatives Daneya Esgar and Marc Catlin and Senators Bob Gardner and Brittany Petersen
The bill changes current state law to align with the federal “No Surprises Act” (act) by:
- Allowing a covered person who requests an independent external review of a health-care coverage decision to request a review to determine if the services that were provided or may be provided by an out-of-network provider or facility are subject to an in-network benefit level of coverage.
- Requiring that payments made for health-care services provided at an in-network facility or by an out-of-network provider be applied to the covered person’s in-network deductible and any out-of-pocket maximum amounts as if the services were provided by an in-network provider.
- Requiring that emergency health-care services, regardless of the facility at which they are provided, be covered at the in-network benefit level.
- Requiring each health insurance carrier (carrier) to cover post-stabilization services to stabilize a patient after a medical emergency at the in-network benefit level unless specific criteria are met.
- Requiring carriers to develop disclosures to provide to covered persons that comply with the act.
- Requiring the commissioner of insurance (commissioner) and certain regulators of health-care occupations to adopt rules concerning disclosure requirements, including a list of ancillary services for which a provider or facility cannot charge a balance bill.
- Requiring the commissioner to convene a work group to facilitate and streamline the implementation of the payment of claims for services provided by an out-of-network provider at an in-network facility and for services surrounding a medical emergency.
- Prohibiting a carrier from recalculating a covered person’s cost-sharing amount based on an additional payment made as a result of arbitration.
- Requiring the parties to an arbitration over health-care coverage to split the costs of the arbitrator if the parties reach an agreement before the final decision of the arbitrator.
- Allowing administrators of self-funded health benefit plans to elect to be subject to state law concerning coverage for health-care services from out-of-network providers and facilities.
- Authorizing the commissioner to promulgate rules to implement the requirements of the act.
- Changing the amount of time that a managed care plan must allow a person to continue to receive care from a provider from 60 to 90 days after the date an in-network provider is terminated from a plan without cause.
- Implementing specific requirements for health-care coverage and services for covered persons who are continuing care patients of a provider or facility whose contract with the patient’s health insurer is terminated; and
- Allowing an out-of-network provider and an out-of-network facility to charge a covered person a balance bill for health-care services other than ancillary services if the out-of-network provider complies with specific notice requirements and obtains the covered person’s signed consent.
The bill changes from January 1 to March 1 the date by which a carrier is required to submit information to the commissioner concerning the use of out-of-network providers and out-of-network facilities and the impact on health insurance premiums for consumers.
Fiscal Note: $280,127 one-time funds
House Bill 22-1287 – PROTECTIONS FOR MOBILE HOME PARK RESIDENTS
Representatives Andrew Boesenecker and Edie Hooton and Senator Faith Winter
This bill adds protection for residents of Mobile Home Parks in three basic areas:
-Lot rent stabilization- parameters for how much lot rents can increase year over year. —This section was amended out under Governor’s veto threat.
-Opportunity to purchase- lengthens timelines for residents of a mobile home park that has gone up for sale to come up with a counteroffer. Expands ability for residents to assign their right to purchase their mobile home park working in conjunction with a local government.
-Strengthen and clarify the Alternative Dispute Resolution process in Department of Local Affairs for resident complaints against park owners. Adds some ability to enforce provisions of the Mobile Home Park Act.
-Relocation assistance in event of park closure
Fiscal Note: As amended $116,293/ yr. in cash funds
House Bill 22-1289 – COVER ALL COLORADANS
Representatives Serena Gonzales-Gutierrez and Julie McCluskie and Senator Dominck Moreno
The bill expands Medicaid coverage to low-income pregnant people and children, regardless of immigration status; requires the Insurance Commissioner to improve the quality of health insurance coverage through the Health Insurance Affordability Enterprise; and extends a survey of birthing parents indefinitely, among other requirements
Fiscal Note: About $17 million per year
House Bill 22-1362– BUILDING GREENHOUSE GAS EMISSIONS
Representatives Tracey Bernett and Alex Valdez and Senators Chris Hansen and Faith Winter
-Health issues – Children with gas powered stoves are more likely to have asthma. Asks city and county building codes to adopt IECC Int’l energy conservation code by 2025 rather than otherwise by 2030. Includes $3 million for code training, $22 mil to support decarbonization of public buildings and with a specific focus on disproportionately impacted communities.
Fiscal Note: One time $25 million from General Fund to develop code and fund equipment. Ongoing expense is $6 million per year.
DIED
Senate Bill 22-087 – HEALTHY MEALS FOR ALL PUBLIC SCHOOL STUDENTS
Senators Brittany Petersen and Rhonda Fieldss and Representatives Serena Gonzales-Gutierrez and Dafna Michaelson Jenet
The bill creates the Healthy School Meals for All program in the Colorado Department of Education to provide reimbursement to school food authorities for offering free meals to all students, and to offer local food purchasing grants and increase employee wages. It also requires that CDE apply to participate in a federal direct certification demonstration project.
Fiscal note: $491,172 in 2022-2023; $294,401 in 2023-24; 2024-2025 $60- $90 million
This bill died. Replaced by HB1414, which refers a measure to the Fall 2022 ballot.
Senate Bill 22-138– REDUCE GREENHOUSE GAS EMISSIONS IN COLORADO
Representatives Chris Hansen and Kevin Priola and Senators Alex Valdez and Karen McCormick
Colorado used to ban small off-road equipment like lawn mowers, but now the bill includes a number of provisions to reduce greenhouse gas (GHG) emissions in the state. State income tax credit for electric- powered small off-road equipment required. PERA and insurance companies to study climate risks to their investment portfolios. Authorizes the Dept of Natural Resources to regulate Class VI injection wells, Requires the Dep of Agriculture to study carbon sequestration. It authorizes the Dept of Natural Resources to regulate certain oil and gas sites.
Fiscal Note: As an income tax credit, expected to grow to $9 million by 2023-24
Died as clock ran out.
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